Situations where there are grounds for filing a complaint
Workers may file a complaint with the CNESST in several situations if they:
- believe that their rights or the legislation enforced by the CNESST are not respected in their workplace
- are not satisfied with the services they have received or failed to receive from the CNESST
- want to contest a temporary assignment or a CNESST decision
- want to contest a contracting process
- want to report a hazardous health and safety situation
An employer, contractor, certified association, supplier or service provider may also file a complaint to denounce a situation of non-compliance.
Labour standards complaints
Workers may file a complaint if they believe that:
- their employer is not paying them their wages or other amounts of money provided for by law
- their employer dismissed them without just cause
- they are victims of psychological or sexual harassment
- they are victims of prohibited practices, i.e., sanctions, discriminatory measures or reprisals on the part of their employer
- their working conditions differ from those of their co-workers who perform the same tasks, in the same establishment, solely because of their hiring date
- their employer has unfairly changed their status from employee to independent contractor or self-employed worker or if they disagree with this change
The time limit for filing a labour standards complaint varies from 45 days to 2 years from the date of the event in question.
Pay equity complaints
A pay equity complaint may be filed when:
- an employer did not fulfil their obligation to do pay equity work
- pay equity work was done incorrectly
- an employer did not pay the worker all the wage adjustments they were due
- prohibited conduct was observed when the initial pay equity exercise was done or in connection with the assessment of pay equity maintenance
- reprisals were taken against a worker because they exercised a right that is provided for in the Loi sur l’équité salariale
When a disagreement arises during pay equity work that is done by a committee or by the employer in collaboration with a certified association, a pay equity dispute may be submitted.
Occupational health and safety complaints
An occupational health and safety complaint may be filed when:
- a worker believes they have been treated unfairly after applying to the For a Safe Maternity Experience Program
- a sanction is imposed on a worker because they suffered an employment injury or exercised a right or a function protected by law
- there is a report about a hazardous situation that may affect the health and safety of workers
Complaints related to the For a Safe Maternity Experience Program
Recourses are available following a decision rendered by the CNESST in relation to the For a Safe Maternity Experience Program. An application for a review or reconsideration of the decision may be filed. A pregnant worker may also contest the position she has been reassigned to.
Complaints or reports about a hazardous situation
A worker may file a complaint or report a hazardous situation by contacting an inspector on call at 1 844 838-0808, option 1. Doing so is voluntary and confidential. The request will be processed so that the CNESST can assess the risk and determine whether or not corrective and control measures must be put in place.
A worker may exercise their right of refusal if they have reasonable grounds to believe that the performance of their work would expose them or another person to a hazard that could affect their:
- physical well-being
Complaints concerning the contracting process
A company or group of companies may file a complaint when a situation of non compliance occurs during a contracting process.
Compliants concerning the quality of the CNESST’s services
In general, you may file a complaint when you are not satisfied with the quality of services you have received from the CNESST.